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TMI Blog2022 (4) TMI 872X X X X Extracts X X X X X X X X Extracts X X X X ..... So, whether in the facts and circumstances of the case, the offence will be attracted or not is for the trial court to consider. Since the trial is already commenced, unless there is a compelling circumstances brought on record by the petitioner, based upon the RBI circular, the proceedings cannot be quashed. Petition dismissed. - Crl.O.P.(MD)Nos.16511, 16520, 16537 and 16538 of 2019 - - - Dated:- 21-3-2022 - THE HON'BLE MR JUSTICE G. ILANGOVAN For the Petitioner : Mr.B. Rajesh Saravanan For the Respondent : Mr. Pon. Senthil Kumaran ORDER These petitions have been filed seeking quashment of the case in STC Nos.2514, 2286, 2468 and 2287 of 2019 on the file of the Judicial Magistrate No.1, Kovilpatti, respect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .16520 of 2019, the amount involved is ₹ 10,00,000/-. The date of loan was 12/01/2019. The cheque was presented for payment, on 14/06/2019 and it was returned with an endorsement 'present the same in proper zone'. After completing the legal formalities, the private complaint has been registered. 4.In respect of Crl.OP(MD)No.16537 of 2019, the amount involved is ₹ 10,00,000/-. The date of loan was 06/01/2019. The cheque was presented for payment, on 20/06/2019 and it was returned with an endorsement 'present the same in proper zone'. After completing the legal formalities, the private complaint has been registered. 5.In respect of Crl.OP(MD)No.16538 of 2019, the amount involved is ₹ 28,96,374/-. Date o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wing fully well that no such system was in existence on the presentation of the cheques. According to the petitioner, it is void cheques in respect of Cheque Nos.16511 and 16520 which have been returned with an endorsement 'present in proper zone'. 9.According to the learned counsel appearing for the petitioner, this will not amount to dishonour of cheque due to insufficiency of funds. So according to him, the entire process of criminal proceedings is nothing, but an abuse of process of court and law and the offence under section 138 of the Negotiable Instruments Act will be attracted only if the cheque has been dishonoured due to non payment of the money. 10.But the learned counsel appearing for the respondent would submit th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... will complete, after the accused persons failed to response to the demand notice. So, whether in the facts and circumstances of the case, the offence will be attracted or not is for the trial court to consider. Since the trial is already commenced, unless there is a compelling circumstances brought on record by the petitioner, based upon the RBI circular, the proceedings cannot be quashed. 13.In so far as the other matter is concerned namely Crl.OP(MD)Nos.16538 of 2019, it is returned stating that 'not drawn with.' So whether this return will attract the offence under section 138 of the Negotiable Instruments Act is also a matter for consideration by the trial court, after going through the entire process of trial. So I find abs ..... X X X X Extracts X X X X X X X X Extracts X X X X
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